Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 21
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Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​


INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

    1. That the Minutes of the Council Meeting held on November 24, 2020, be adopted.

(New liquor licence for indoor areas)

    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

(New liquor licence for indoor areas)

    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

Summary from Francesco Santaguida, Assistant City Solicitor:

On July 29, 2020, the Local Planning Appeal Tribunal (the LPAT) approved a settlement between the City of Markham, 1771107 Ontario Inc. (the “Appellant”), and other parties with respect to appeals by 1771107 Ontario Inc. from the City’s failure to make a decision regarding an application for a zoning by-law amendment for the lands located at the south-east corner of Highway 7 and Warden Avenue (the “Lands”).

The settlement permits an additional 1,600 dwelling units from the previously approved zoning, for a total of 6,100 dwelling units, as well as a minimum of 2,500 m2 of commercial/retail space, and 20,000 m2 of Office Space on the Lands. The settlement also includes parkland, valley land, an elementary school block, as well as provisions for Affordable Housing, Purpose-built Rental buildings, Community Space, and a design competition for the corner of Warden and Highway 7 .

The LPAT approved the zoning by-law amendment to incorporate lands into the designated area of By-law 177-96 (the New Urban Area By-law), to permit the development outlined above. This zoning by-law amendment requires the assignment of a number for municipal tracking purposes.

(By-law 2020-145)

    1. That the Local Planning Appeal Tribunal (LPAT) decision for 1771107 Ontario Inc., regarding an application for a zoning by-law amendment for the lands located at the south-east corner of Highway 7 and Warden Avenue, be received.

Please refer to your November 23, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the Development Services Committee be received & adopted. (Items 1 to 2):

    1. That the report titled “Intention to Designate a Property under Part IV of the Ontario Heritage Act, George and Isabella Peach Farmhouse, 10961 Victoria Square Boulevard, Ward 2”, dated November 23, 2020, be received; and,
    2. That as recommended by Heritage Markham, the George and Isabella Peach Farmhouse -10961 Victoria Square Boulevard be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
    3. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
    4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,
    5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and,
    6. That if the designation is referred to the Conservation Review Board, Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Board in support of Council’s decision to designate the property; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the infill housing strategy proposed by the Chief Building Official in the report titled “Improving the State of Infill Housing: A Strategy” dated November 23, 2020, be adopted by Council and implemented by all affected departments to minimize the impact of infill construction on existing residential neighbourhoods; and,
    2. That the deputations of Christine Bergauer-Free and Ian Free, be received; and,
    3. That the Chief Building Official monitor the actions in this Strategy and bring forth a status report in Q4 of 2021, and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Please refer to your November 30, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the General Committee be received & adopted. (Items 1 to 4):

    1. The Auditor General Update Presentation be received; and, 
    2. HRIS Implementation Audit – Follow Up Report be received; and,
    3. The Development Charges Audit - Follow Up Report be received; and further,
    4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. The Information and Records Management Audit Presentation be received; and,
    2. The Information and Records Management Audit Report be received; and further,
    3. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the presentation entitled Stormwater Fee Update be received; and,
    2. That the stormwater fee be reinstated in 2021; and,
    3. That Council approve the implementation of an application based program for the deferral of the 2021 stormwater fee for eligible taxpayers; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the presentation entitled “New Provincial Blue Box Regulation and Preferred Program Transition Date” be received; and,
    2. That the City of Markham submit the attached document entitled “City of Markham Comments – ERO (Environmental Registry Ontario) Number 019-2579” and Council Resolution to the Minister of the Environment, Conservation and Parks and Ontario’s Environmental Registry as the City of Markham’s official comments on the draft Blue Box Regulation; and,
    3. That the City of Markham requests that the Minister of the Environment, Conservation and Parks include Markham as an Eligible Community on the final Transition Schedule and be assigned the transition date of January 1st, 2023; and,
    4. That if an earlier transition date is not provided, the City of Markham requests the right to negotiate directly with the Producers for a date earlier than the one indicated on the final Transition Schedule; and,
    5. That the City of Markham requests that the eligible sources, as indicated by the Draft Blue Box Regulation, be expanded to include recycling depots in communities with curbside Blue Box collection, municipal facilities including public-facing community facilities, all public spaces, Blue Boxes located at Canada Post super mailboxes, and small retail businesses within Business Improvement Areas; and,
    6. That the City of Markham requests that the obligations for collection after the transition period (2026+) be equal to or exceed the service standards applicable in transitioning communities on August 15, 2019, specifically, increase Blue Box collection from every other week to weekly collection; and,
    7. That, if provided with the ability to select the service delivery option, the City of Markham reserves the right to select the service delivery option determined to be the most financially and operationally beneficial for its residents and report back to Council on the preferred service delivery option; and,
    8. That Staff be directed to update Council following the release of the final Regulation and Transition Schedule by the Ministry of the Environment, Conservation and Parks; and,
    9. That the City Clerk be directed to forward a copy of this resolution and Comment Letter to the Association of Municipalities of Ontario, York Region and Local Municipalities and the Ontario Ministry of the Environment, Conservation and Parks; and further,
    10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Please refer to your December 1, 2020 Development Services Public Meeting Agenda for reports.

Mayor and Members of Council:

  • That the report of the Development Services Public Meeting be received & adopted. (1 Item):

    1. That the Record of the Public Meeting held on December 1, 2020, with respect to the proposed amendments to the Development and Building Fee By-laws be received; and,
    2. That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘B’, be enacted; and,
    3. That By-law 2019-136 as amended be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Appendix ‘C’, be enacted; and,
    4. That the By-laws come into force and take effect on January 1, 2021; and further,
    5. That Staff be authorized and directed to do all thing necessary to give effect to this resolution.

    (By-laws 2020-139 and 2020-140)

Please refer to your December 7, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the General Committee be received & adopted. (Items 1 to 3):

    1. That the report entitled "Contract Extension for Water Meter Reading & Billing Services " be received; and,

    2. That the contract for Water Meter Reading & Billing Services with Alectra Utilities be extended for an additional year (January 1, 2021 to December 31, 2021) increasing from $1,508,427.44 to $1,553,680.26 inclusive of HST for 2021, a 3% escalation over the 2020 rate; and,

    3. That the 2021 Waterworks Operating budget be increased by $45,252.82 in 2021 ($1,553,680.26 – 1,508,427.44) and funded from account #760-998-5390 Water Billing/ Administration, subject to Council approval of the 2021 operating budget; and,

    4. That the tender process be waived in accordance with Purchasing By-Law 2007-8 Part II, Section 11.1 (c) which states "when the extension of an existing contract would prove more cost effective or beneficial"; and Section 11.2 which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by Utility Companies”; and,

    5. That the Mayor and Clerk be authorized to execute the contract extension agreement between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and further,

    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “Recycling Depot Staffing Contract Extension” be received; and,

       

    2. That the service Contract for Recycling Depot Staffing be awarded to The Recycle People Corporation, for two years from January 1, 2021 to December 31, 2022 at an estimated cost of $378,145.24 inclusive of HST;
      • Year 1 (2021) $187,510.04
      • Year 2 (2022) $190,635.20

        Total (2 years) $378,145.24

         

    3. That the 2021 Waste Management Recycling Depot Staffing Operating budget be increased from $168,134.00 to $187,510.04. The budget shortfall in the amount of $19,376.04 ($187,510.04 - $168,134.00) be funded through reallocation of the existing Waste Management Operating budget, subject to Council approval of the 2021 Operating budget; and

       

    4. That the City’s tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1,(c), Non Competitive Procurement, “when the extension of an existing Contract would prove more cost-effective or beneficial; and further,

       

    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Note: Appendix A is included in the October 28, 2020 minute document. For background information, the original Terms of Reference showing changes made by the Animal Care Committee members is attached.

    1. That the minutes of the Animal Care Committee meetings held March 9, 2020 and October 28, 2020 be received for information purposes; and,
    2. That the Committee endorse the revised Animal Care Committee Terms of Reference as amended (see Appendix “A”); and, 

    3. That the Animal Care Committee request that Markham Council endorse the changes to the Animal Care Committee Terms of Reference.

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

    1. That the report entitled “2021 Water/Wastewater Rate” be received; and,
    2. That the Minutes from the November 12, 2020 Water/Wastewater Rate Public Consultation meeting be received; and,
    3. That the wholesale component of the 2021 Markham water and wastewater rate be adjusted by the corresponding water and wastewater rate increase approved by the Region of York; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report dated December 9, 2020 titled, “2021 Operating and Capital Budgets” be received; and,

    2. That Council approve the 2021 Primary Operating Budget for City services of $248,124,592, (excluding the 2020 surplus/deficit), as detailed in Appendix 1; and,

    3. That Council approve a $3,600,000 transfer from the Corporate Rate Stabilization to provide a zero percent property tax rate increase in the 2021 Primary Operating Budget; and,

    4. That Council approve the remaining 2021 Capital Budget of $94,447,700 for a total of $103,259,200 ($94,564,600 + $ 8,694,600 pre-approved), as per projects detailed in Appendix 2; and,

    5. That Council approve the 2021 Planning & Design Operating Budget totalling $13,498,406, as detailed in Appendix 3; and,

    6. That Council approve the 2021 Engineering Operating Budget totalling $8,844,438, as detailed in Appendix 4; and,

    7. That Council approve the 2021 Building Standards Operating Budget totalling $11,256,840, as detailed in Appendix 5; and,

    8. That Council approve the 2021 Waterworks Operating Budget totalling $135,938,867 (excluding the 2020 surplus/deficit), as detailed in Appendix 6; and,

    9. That upon finalization of the 2020 audited financial statements, 2021 operating budgets be adjusted to reflect 2020 operating results; and,

    10. That a copy of the budgets be made available to the public through the Clerk’s Department, the City website and each of the Markham Public Libraries; and,

    11. That the restated budget as detailed in Appendix 7, “Additional Financial Disclosure Requirements Pursuant to Ontario Regulation 284/09” be adopted; and further,

    12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    1. That the memorandum dated December 9, 2020 on “Seasonal Park Amenities”, be received, and,
    2. That Parks washrooms and Port-O-Lets remain closed for the duration of the winter; and,
    3. That nine (9) asphalt tennis courts, as identified in Attachment “A” inclusive of nets, remain open for the duration of the winter season; and,
    4. That all park pathways remain closed for the winter season, save and except for the single pathway in each of 8 wards which the Operations Department is piloting for winter maintenance and one groomed trail which is included in this pilot located in Milne Conservation Park; and,
    5. That 23 parking lots at parks located throughout the City, as identified in Attachment “A” be opened and maintained for the duration of the winter season; and,
    6. That the volunteer community ice rink program proceed in approved (winter water service installed) locations with approved signage and adherence to Provincial guidelines; and,
    7. That Staff be directed to contact the local school boards asking them to consider opening running tracks for the winter season; and,
    8. That Recreation Staff proceed with offering outdoor programming during the winter months in outdoor park locations to encourage physical activity; and further,
    9. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  • That By-laws 2020-136 to 2020-143 and 2020-146 be given three readings and enacted.

Three Readings

A By-law to amend By-law 177-96, as amended, to permit the development of townhouse units.

(Item 8.1.1, Report 25, October 14, 2020 Council meeting)

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 122 to 128 (inclusive), Registered Plan 65M-4544, located on the south side of Whites Hill Avenue and west side of Donald Cousens Parkway in the Cornell community.

A By-law to amend Zoning By-law 2053, as amended, to permit the sales of motor vehicle and motor vehicle parts, as well as the outdoor storage of motor vehicles on the subject property.

(Item 8.3.2, Report 34, November 10, 2020 Council meeting)

  • That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

14.1.1
APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 24, 2020 (16.0)
 

14.1.2
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS/ RESIGNATIONS) (16.24) [Section 239 (2) (b)]
 

14.2
GENERAL COMMITTEE - NOVEMBER 30, 2020
 

14.2.1
INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM; CYBER SECURITY (7.0) [SECTION 239 (2)(h)]
 

14.3
DEVELOPMENT SERVICES COMMITTEE - DECEMBER 8, 2020
 

14.3.1
INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM; - RAPID HOUSING INITIATIVE (10.0) [SECTION 239 (2) (h)]
 

14.4
GENERAL COMMITTEE - DECEMBER 7, 2020
 

14.4.1
LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS; PERSONNEL MATTER; RESTRICTED AND CONFIDENTIAL (11.0) [SECTION 239 (2)(d)]
 

  • That By-law 2020-144 be given three readings and enacted.

    Three Readings

    BY-LAW 2020-144 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 9, 2020.
    No attachment

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